How do I move on

[Turquoise]

Thanks Colin. Yes I did precede the offer with 'Without Prejudice Save As To Costs'.

[Turquoise]

Sorry, deleting last post as I had some incorrect dates, will resend when I have time

[Turquoise]

I spoke to the County Court this morning and the HSBC claim has been stayed because the Claimant didn’t reply to my defence. I'll wait and see if anything happens.

[The Tech Clerk]

good stayed hope it stays that way sit relax for now

[Turquoise]

At what point is an SAR useful, and at what point is it best not to get one?

[Still Waving]

At what point is an SAR useful, and at what point is it best not to get one?

As you are in Court territory, it helps to have as much info as possible. I would probably have sent a SAR to the original creditor before now. There is no fee to pay, and I think there is a template letter here on AAD.

[Turquoise]

Hello, could you advise on this, is there any way it might be unenforceable? I'd like to stop paying but would need a defence if they issue a claim.

Abby Credit Card £5k:
Account opened with Abbey 2009.
Santandar took it over later in 2009.
2010 arranged to pay £1 per month and in 2022 upped it to £10 and am still paying.
Default notice served by Santander 2011.
2011 letter from Viking informing that debt transferred to them for collection.
2011 received letter requesting full payment from Viking.
2011 default notice from Santandar.
Passed to 1st Credit June 2011.
2014 Received Notice of assignment from Santandar Cards Limited to Santandar UK plc.
2016 account has been transferred to Robinson Way debt collectors from 1st Credit.
2020 requested CCA agreement details - Santandar and Robinson Way replied with CCA (hard to read) and statement of account showing transactions, they said it was enforceable.
2023 back with Morecroft, still paying monthly

[The Tech Clerk]

send CC copy for checking to webmaster@all-about-debt.co.uk as it is he will check enforceable or not refer to this thread

[Still Waving]

2020 requested CCA agreement details - Santandar and Robinson Way replied with CCA (hard to read) and statement of account showing transactions, they said it was enforceable.
2023 back with Morecroft, still paying monthly

Well, they would say that wouldn't they?
What caused you to increase your repayments to £10 in 2022? Did you come here for suggestions at the time?

[Pat]

A cca has to be legible so arguably a bad photocopy means it is UE regardless of what they say.

[Roger]

send CC copy for checking to webmaster@all-about-debt.co.uk as it is he will check enforceable or not refer to this thread

As Pat points out ".. A cca has to be legible so arguably a bad photocopy means it is UE regardless of what they say..."

Send CCA to Niddy

Who Owns the Debt 1st Credit? or Santandar?

[Turquoise]

I've sent my CCA to the webmaster email address. Santander own the debt. Looking back at the paperwork (in 2011), 1st credit threatened to send a doorstep collector, giving me 3 days to settle the debt. Is that legal?

[The Tech Clerk]

yes they can try doorstep if ever anybody turned up = not today thank you they have to leave but will give a card asking you to ring some office jockey which you bin, but make entry on diary.

standard 1st credit threatogram

[Still Waving]

I've sent my CCA to the webmaster email address. Santander own the debt. Looking back at the paperwork (in 2011), 1st credit threatened to send a doorstep collector, giving me 3 days to settle the debt. Is that legal?

Why worry about what was sent in 2011? And see The Tech Clerk's reply for how to deal with a future instance. You don't discuss or admit anything on the doorstep.

[Turquoise]

1st credit are long gone, I was just curious